Home
English VersionIrish Version
Search for Click to Search
Advanced Search
Printable Version
All SectionsPractice DirectionsCourt Rules Terms & Sittings
Legal Diary Offices & Maps Judgments & Determinations

Circuit Court Rules

Order: 15

Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No15-S.I. No. 542 Of 2004: Circuit Court Rules (Personal Injuries Assessment Board) 2004
No15-S.I. No. 525 Of 2005: Circuit Court Rules (Funds In Court) 2005
No15-S.I. No. 470 Of 2009: Circuit Court Rules (Statutory Applications And Appeals) 2009
No15-S.I. No. 486 Of 2009: Circuit Court Rules (Defamation) 2009
No15-S.I. No. 378 Of 2018: Circuit Court Rules (Service) 2018

    1. If a defendant intends to defend a Civil Bill or other proceeding, he shall enter an appearance in the Office in the prescribed form as provided for in Form 5 of the Schedule of Forms annexed hereto. Such form shall be lodged with or sent by post to the County Registrar so as to reach the Office before the expiration of the time limited for appearance, and a copy of such form shall at the same time be lodged with or sent by post to the plaintiff (if he sues in person) or his Solicitor subject to the provisions of Order 5 rule 4 hereof.

    2. Save where otherwise provided by these Rules, the time for entering an appearance shall be ten days from the service of the Civil Bill, exclusive of the day of service, or such further time as may be agreed between the parties unless the Court shall otherwise direct.

    3. Where no appearance has been entered, within the time allowed, to a Civil Bill, for a defendant who is an infant, or a person of unsound mind not so found by inquisition, the plaintiff shall, before further proceeding with the action against the said defendant, apply in the Office in the manner prescribed in Order 19 of these Rules, for an order that some proper person be assigned guardian ad litem of such defendant by whom he may appear and defend.

    4. A defendant who has entered an Appearance as aforesaid shall within the further period of ten days thereafter, deliver to the plaintiff or his Solicitor a notice in writing in these Rules referred to as the Defence which shall be dated and which shall be in accordance with Form 6A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

    5. The Defence shall state clearly the grounds upon which the defendant disputes the plaintiff's claim. Subject to the provisions of Order 65 no defence shall be admitted to defeat the claim or any part thereof unless, in the opinion of the Judge, it could fairly have been inferred from the particulars given in the Defence.

    6. Every defendant in ejectment proceedings shall be entitled to plead every defence which he may have at law or in equity.

    7. A defendant in an action may set off or set up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set off or counterclaim is a claim in damages or not, and such set off or counterclaim shall have the same effect as a cross action, so as to enable the Judge to pronounce a final judgment in the same action, both on the original and on the counterclaim. But the Judge may, on the application of the plaintiff before trial, if in the opinion of the Judge such set off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.
    8. With a Defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.

    9. (a) This rule shall apply to the Dublin Circuit only. Any Defendant may at the time of entry of an appearance or at any time thereafter being

    (i) any date not later than the date of the Notice of Trial or

    (ii) at least eight weeks before the hearing date mentioned in the Notice of Trial as may be agreed between the parties,

    lodge in Court an amount which he alleges is sufficient to satisfy the plaintiff's claim, and such lodgment may be with an admission or denial of liability. Where there is more than one claim or cause of action the defendant shall state in respect of which of them such lodgment is made.

    (b) This rule shall apply to all Circuits other than the Dublin Circuit. Any Defendant may at the time of entry of an appearance or at any time thereafter being

    (i) any date not later than the date of the Notice of Trial, or

    (ii) at least eight weeks before the day upon which the case is first due to be heard or such shorter period prior to the day upon which the case is first due to be heard as may be agreed between the parties,

    lodge in Court an amount which he alleges is sufficient to satisfy the plaintiff's claim, and such lodgment may be with an admission or denial of liability. Where there is more than one claim or cause of action the defendant shall state in respect of which of them such lodgment is made.

    10. (a) This rule shall apply to the Dublin Circuit only. A defendant may once, without leave, and upon notice to the plaintiff, lodge in Court an additional sum of money as an increase to a lodgement made under Rule 9a above. Such notice must be given and additional lodgment made

    (i) at a date not later than the date of the Notice of Trial or

    (ii) at least eight weeks (or such shorter period as is agreed between the parties) before the date for hearing mentioned in the Notice of Trial. If such notice is not given, and such additional lodgment is not made as aforesaid, the lodgment made under Rule 9 shall be deemed to be the only lodgment in Court, and this Order shall be construed accordingly.
    (b) This rule shall apply to all Circuits other than the Dublin Circuit. A defendant may once, without leave, and upon notice to the plaintiff, lodge in Court an additional sum of money as an increase to a lodgement made under Rule 9b above. Such notice must be given and additional lodgment made

    (i) at a date not later than the date of the Notice of Trial or

    (ii) at least eight weeks (or such shorter period as is agreed between the parties) before the day upon which the case is first due to be heard. If such notice is not given, and such additional lodgment is not made as aforesaid, the lodgment made under Rule 9b shall be deemed to be the only lodgment in Court, and this Order shall be construed accordingly.

    11. A Defendant making a lodgment under this Order shall intimate such fact by a document other than his Defence and such document shall be kept by the County Registrar in a separate file and neither he nor any other person shall disclose the fact of such lodgment to the Judge until he shall have decided all issues between the parties save the liability for costs. Such document shall be in the form prescribed in the Schedule of Forms attached hereto at Form 6B, and shall be filed in accordance with these Rules and a copy thereof served on the Plaintiff.

    12. Save in the case of a lodgment with a defence of tender, the plaintiff may, within ten days after such lodgment as aforesaid, serve notice on the defendant that he accepts the amount lodged, which notice shall operate as a stay of all further proceedings and the settlement of the plaintiff's claim in respect of which the lodgment was made, save as to costs.

    If the plaintiff is under a legal disability, then, together with notice of acceptance of the amount lodged, he shall serve a notice of motion on the defendant to have such acceptance approved by the Court, and thereafter no further proceeding in the action shall be taken except by leave of the Judge, and, on the hearing of such notice of motion, the plaintiff may be declared entitled to such costs as the Court may consider just, whether such acceptance is approved or not by the Court.

    13. Where the plaintiff, not being under any legal disability, wishes to accept the amount lodged, payment thereof shall be made to the Plaintiff without the necessity for any Decree or Order by the Court, upon the lodgment with the County Registrar of a notice of acceptance of such amount in full satisfaction of the claim in respect of which the lodgment is made, signed by the plaintiff or his solicitor. In addition the plaintiff shall lodge a copy of the notice required in Rule 12, or, when no notice was served within the time specified in Rule 12, a letter from the defendant's solicitor, (or where he has no solicitor, from the defendant) consenting to the late acceptance of the amount lodged.
    14. Where the plaintiff, not being under legal disability, accepts a lodgment under this Order, he shall be at liberty, in case his entire claim is thereby satisfied, to tax his costs after the expiration of four days from the service of notice of acceptance, unless the Judge shall otherwise order, and in case of non-payment of the costs within seven days after such taxation, to enter judgment for his costs so taxed.

    15. If the Plaintiff, not being under a legal disability, does not accept the total amount lodged within the time named, he shall be liable for all costs thereafter incurred on foot of the claim in respect of which the lodgment was made, unless he obtains judgment for a greater amount than the total amount lodged, exclusive of costs.

    16. Save as may be otherwise ordered by the Court, if the Plaintiff does not accept the amount lodged, in accordance with the provisions of these Rules, then, at the termination of the proceedings, all sums lodged shall be repaid to the solicitor on record for the Defendant at the time of such termination or, where there is no solicitor on record for the Defendant at that time, to the Defendant personally.

    17. No Defence shall be delivered after the time specified in these Rules, without the leave of the County Registrar save as shall otherwise be agreed between the parties, and no Defence shall be delivered unless defendant has previously entered an Appearance as required by these Rules.

    18. Subject to Order 17 of these Rules, no pleading subsequent to Defence, or Defence and Counterclaim, shall be allowed.

    19. Notwithstanding anything contained in Rule 16 of this Order a plaintiff, prior to service of notice of trial, may, upon written notice to a defendant, lodge money in Court in answer to a counterclaim, subject to the like conditions as to costs and otherwise as upon lodgment in Court by a defendant.

    20. In all actions where a lodgment of money is made pursuant to the provisions of the Rules of this Order the party making such lodgment may by notice to the County Registrar request that the money be placed either on a deposit or on a current account. The party making such lodgment on a deposit account shall be entitled to payment of the interest accruing thereon and such interest shall be paid out to the solicitor for the person who made same or, if there is no solicitor on record for such person, to the person who made same upon the determination of the proceedings subject to any ruling to the contrary which the Court may make. Such interest shall not form part of such lodgment.
    21. (1) A party shall be regarded as a qualified party for the purposes of this rule if such party is:

    (a) a Minister of Government; or

    (b) the Attorney General; or

    (c) the Government; or

    (d) the State; or

    (e) any party in respect of whom the State is providing an indemnity; or

    (f) an indemnifier of any party and authorised to carry on business in the State as an insurance undertaking pursuant to the law for the time being in force; or

    (g) the Motor Insurers Bureau; or

    (h) the Visiting Motor Insurers Bureau.

    (2) Where a qualified party is entitled to make or increase a lodgment on his own behalf or on behalf of any other party under the foregoing rules or by order of the Court then such party may, in lieu of lodging any money in Court, make an offer of tender of payment to the other party of parties to the cause or proceedings.

    (3) Any tender offer of payment made hereunder shall be deemed to be a lodgment and to have the same effect as a lodgment and all the foregoing provisions of Order 15 shall apply mutatis mutandis to such tender offers as regards time for making and accepting same as they apply to a lodgment.

    (4) A tender offer shall be made in accordance with Form Nos. 6B(i) or 6B(ii), as appropriate, and shall state whether liability is admitted or denied and, subject to Rule 11, shall be regarded as part of the pleadings. Notice of acceptance of the tender shall be in accordance with Form No. 6B(iii) and the provisions of Rules 12, 13, 14 shall apply thereto.

    (5) In any case in which a tender offer has been accepted, the party having made such offer thereupon being required to pay the sum specified, such sum specified shall be paid within four weeks of the date of receipt of notice of acceptance of same.

    (6) Any qualified party who has made a tender offer which has been accepted but who has failed to pay the sum specified in the said tender offer within the time required shall continue to be liable to pay the sum specified together with interest thereon at the rate fixed for judgments of the Court for each month or portion of the month for which the said sum of any part thereof remains unpaid.
    (7) Any party or qualified party shall have liberty to apply to the Court in relation to any tender offer or any matter relating thereto and the court may make such order or give such directions thereon as shall appear just and proper.